FIBRE GARDEN Broadband Programme. State aid public consultation

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FIBRE GARDEN Broadband Programme State aid public consultation START DATE: 21 December 2012 END DATE: 30 January 2013

Fibre Garden Public Consultation Table of Contents 1 Introduction 1.1 Policy Perspective 1.2 Aims and Objectives 1.3 Procurement Approach 2 The Programme Area 2.1 Programme Partners 2.2 Fibre GarDen Area Map 3 Existing Broadband Provision 3.1 Superfast Broadband Availability 4 State Aid 4.1 NGA White, Grey, Black State Aid Classification 5 Feedback and Procurement Process 5.1 Procurement 5.2 Your Views i

1 Introduction This document lays out the proposed Fibre GarDen project area, which has been defined after consultation with DEFRA, BDUK, Cumbria County Council and various telecommunications providers. Fibre GarDen invites comment from telecommunications providers, businesses and residents regarding the scope, aims and objectives detailed in the following report. The purpose of the Fibre GarDen project is to deliver superfast broadband - 30Mbps or more to 100% of premises in the project footprint by 2015. 1.1 Policy perspective It is the stated aim of the UK Government that Britain should have the best broadband market in Europe by 2015 and has set aside 530m to help achieve this. Broadband Delivery UK (BDUK) has been tasked by the Secretary of State for the Department of Culture, Media and Sport (DCMS) to deliver this at national level. The main rural programme aims to ensure that 90% of UK premises have access to superfast broadband, and that all premises can receive at least 2Mbps. This is being delivered through Local Authorities and Devolved Assemblies, including Cumbria County Council. BDUK together with DEFRA launched the Rural Community Broadband Fund (RCBF) to support communities in the hardest to reach areas that were at risk of not receiving a superfast broadband service under the main rural programme. The RCBF is supporting this project with a grant of 157,500. 1.2 Aims and Objectives The project aims to deliver superfast broadband to 100% of our community by 2014. 1.3 Procurement Approach Fibre GarDen will commence an open procurement process approved by BDUK and DEFRA once this consultation is complete. Bids will be assessed according to published criteria and metrics. Our project has been awarded a grant of 157,500 and we have committed to at least matching this from our own resources.

2 The Programme Area The Fibre GarDen area is described by the following: Garsdale and Dentdale The area is home to 887 people living in 525 properties. There are also 159 businesses in the area. Information obtained by Fibre GarDen indicates that 0% of households and business properties in the project area will have access to superfast broadband in the next three years (end 2015) via other providers. The remaining 100% will be socially and economically disadvantaged in this hard to reach rural area. Table 1 shows the number of premises in each postcode that form part of the intervention area and are considered as Next Generation Access (NGA) broadband White premises without access to NGA broadband. Our project will be permitted to apply public subsidy only to White areas to achieve our aim of 100% Next Generation Access broadband coverage across our community. Table 1 - NGA White, area properties by postcode Postcode Total properties NGA white properties LA10 5N* 34 34 LA10 5P* 82 82 LA10 5Q* 206 206 LA10 5R* 86 86 LA10 5S* 36 36 LA10 5T* 81 81 Grand Total 525 525 2.1 Programme Partners Fibre GarDen is leading the programme which is also supported by Garsdale and Dentdale Parish Councils and Cumbria County Council. Demand registration, community and business engagement are important elements in delivering a successful programme. In 2008, the Dentdale Parish Development Plan identified, through a structured resident s questionnaire, the provision of future-proof broadband as the key initiative to secure the long-term economic and social well-being of the dale. In December 2010, a structured survey of 10% of residents and businesses of Dentdale returned 100% support for a Next Generation Access broadband project. For the purposes of this project, it was agreed that Garsdale and Dentdale parishes would act together. Consequently, 100% of properties and businesses in the two parishes have received two information leaflets at different stages in the project asking them to register an interest in the project, either by email, letter, and telephone, in person or through the web. 100% of the 60% responses expressed a demand for access to future-proof broadband services.

An invitation was pinned to every official and unofficial noticeboard in the two parishes and all residents and businesses received an individual invitation to attend public meetings which took place on: Tuesday 8th May 2012 Wednesday 9th May 2012 Thursday 10th May 2012 7.30pm Dent Memorial Hall 7.30pm Garsdale Parish Hall 7.30pm Sportsman Inn, Cowgill The objective was to provide the community with an update of possible services and methods of fundraising and to establish further the levels of interest in having a superfast broadband service. An expression of interest form was given to the 111 residents and businesses present at the meetings; subsequently, those not represented at the public meetings received a summary of the presentation and an expression-of-interest proforma via hand-delivery, email or post. As well as indicating the level of interest in securing superfast broadband for the community, these recent meetings have allowed the residents and businesses to become more actively involved in the project. Returns from the expressions-of-interest considerably exceeded expectations as nearly 225,000 was pledged. Both Dentdale and Garsdale disseminate parish newsletters evry few months which carry a project update in each issue. The update is also published in The Sedbergh Lookaround which comes out once a month. FibreGarDen has a website at www.fibre-garden.co.uk and also a blogspot at www.fibregarden.blogspot.co.uk which are updated regularly. The blogspot has been designed for tablets and mobile phones as well as for PC s.

2.2 Fibre GarDen area map

3 Existing Broadband Provision Our community is served by Openreach infrastructure from two BT exchanges. The BT exchanges are in Sedbergh and Dent, and whilst there is the odd cabinet, these are not common and the line lengths are up to 16 km. Ofcom classifies BT exchange areas according to the level of competition available to consumers. Market 1 exchanges offer BT Wholesale only whilst Market 2 and 3 exchanges offer at least one alternative broadband network or LLU service provider. Table: Ofcom Classification of BT exchanges Market 1 1 Market 2 2 Market 3 0 Total 3 Number of Exchanges Neither the Sedbergh nor the Dent exchanges provide an alternative LLU service provider. Garsdale has some current wireless broadband provision, but this is neither superfast nor robust. The wireless system has proved unreliable for a variety of reasons, not least the necessity to daisy-chain the service from property to property in what is a narrow dale bounded by two steep hills. 3.1 Superfast Broadband Availability There is no Virgin cable available in our area. There are no BT FttC or FttP services in our area. There are no current NGA services in our area. 3.1a Market led investment area by 2015 There are no published future NGA plans for our area.

4 State Aid Fibre GarDen believes our programme complies with EU State Aid guidance. The key areas which meet EU State Aid requirements include: Wholesale access will be a contract requirement A gap funding model is being used to make a grant award to the project A claw-back clause will be included in the funding contract to ensure excess profits are reclaimed The project area has been analysed with independent data and cross referenced with known supplier plans to draw conclusions about likely investment areas An open tender process (adequate advertising, fair and transparent treatment of suppliers, competition based on an output based specification) will be followed. Selection of suppliers will be made on the most economically advantageous Offer The programme promotes use of existing infrastructure The selection process includes a benchmarking pricing mechanism. 4.1 NGA White, Grey, Black state aid classification BDUK requires the following thresholds for NGA classification at postcode level: White Grey Black Less than 90% of premises can access NGA. Only premises without NGA can be supported One supplier serves at least 90% of premises with NGA broadband - No intervention is permitted Two suppliers serve at least 90% of premises with NGA broadband - No intervention is permitted The Fibre GarDen area compromises total of 525 premises that are classified as NGA White and will require intervention to receive Next Generation Access broadband. The following table of postcodes and map highlights the NGA broadband intervention area under consideration for the public funding element of this project. LA10 5N* LA10 5P* La10 5Q* LA10 5R* LA10 5S* LA10 5T* Postcodes understood to be NGA White Map showing project white areas:

5 Feedback and Procurement Process This document lays out Fibre GarDen best understanding of broadband provision in our project footprint. If your company delivers broadband services within our area and would like to comment on this document then please do so using the contact details below. Residents and businesses based within our community are also invited to comment on this document and the proposed intervention area and should do so by the deadline below. 5.1 Procurement An Invitation to Tender (ITT) has been drafted and is currently being verified by DEFRA and BDUK before publishing. This document sets out the estimated procurement key milestones are as follows: Activity Date Issue of the Invitation to Tender (ITT) 01.02.2013 ITT Return Deadline 28.02.2013 Evaluate Bidder Response 15.03.2013 Contract Award TBC Subject to Funding 5.2 Your views Your views on this consultation are invited, and should be addressed to Tony Roberts, Financial Director and Company Secretary, Fibre GarDen CIC at: admin@fibre-garden.co.uk Corner Cottage Sedbergh LA10 5BB 07967 326458 This consultation will remain open for one month. The deadline for all comments to be received is: Midnight 30.01.2013